Guns Group vs. “Assault Weapon” Ban in Illinois

The Second Amendment Foundation and Illinois State Rifle Association are supporting a lawsuit by two Illinois residents seeking a permanent injunction against a ban on so-called “assault weapons” adopted in Cook County more than ten years ago, in a case filed in Cook County Circuit Court.

Plaintiffs in the action are Matthew D. Wilson and Troy Edhlund. They are represented by attorney David G. Sigale of Glen Ellyn.

The case is a re-filing of an action in 2007 that challenged the ordinance on constitutional grounds. Plaintiffs allege that, “The Cook County Assault Weapons Ordinance, as amended and adopted on November 14, 2006, violates the due process clause of the U.S. Constitution, as applied to the States by the 14th Amendment, because of vagueness in its definition language of ‘assault weapons.'”

SAF founder and Executive Vice President Alan M. Gottlieb said the lawsuit is necessary because the ordinance defines “assault weapons” in a way that is both vague and arbitrary, without providing any explanation why certain firearms are prohibited.

“Recent violent history in the City of Chicago clearly demonstrates that this prohibition has not prevented a single slaying or injurious shooting,” Gottlieb observed. “The only thing such gun control laws accomplish is to penalize law-abiding citizens for crimes they didn’t commit. Meanwhile, the real criminals have engaged in wholesale mayhem.”

The lawsuit also notes that under the ordinance, commonly-owned semiautomatic sporting shotguns and rifles could be banned due to the language of the law.

“Laws like this should never be written in the first place,” Gottlieb said, “and especially they shouldn’t be written by people who do not appear to know anything about firearms.”

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.